HR 1177 IH

To amend title XVIII of the Social Security Act to limit the penalty for late enrollment under the Medicare Program to 10 percent and twice the period of no enrollment.

March 22, 2001

Mr. FRANK (for himself, Mr. BOEHLERT, Mr. KLECZKA, Mr. GILCHREST, Mr. NEAL of Massachusetts, Mr. OBERSTAR, Mr. THOMPSON of Mississippi, Ms. BROWN of Florida, Mr. HILLIARD, Mr. ABERCROMBIE, Mr. MCNULTY, Mrs. MINK of Hawaii, Mr. BORSKI, Mr. CAPUANO, Mr. KILDEE, Mr. MCHUGH, Mr. FROST, Mr. FILNER, Mr. DOYLE, Mr. WEXLER, Mr. LANTOS, Mr. MCGOVERN, Mr. BRADY of Pennsylvania, Mrs. MALONEY of New York, Mr. EVANS, Mr. CLAY, Ms. CARSON of Indiana, Mr. PAYNE, and Mr. GORDON) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend title XVIII of the Social Security Act to limit the penalty for late enrollment under the Medicare Program to 10 percent and twice the period of no enrollment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. LIMITING MEDICARE LATE ENROLLMENT PENALTY TO 10 PERCENT AND TWICE THE PERIOD OF NO ENROLLMENT.

(a) IN GENERAL- The first sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking `10 percent of the monthly premium so determined for each full 10 months' and inserting `10 percent of the monthly premium so determined for premiums paid during a period equal to twice the number of months in each of the full periods of 12 months'.

(b) CONFORMING AMENDMENTS- (1) Section 1818(c)(6) of such Act (42 U.S.C. 1395i-2(c)), as amended by section 331 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by striking `may not exceed 10 percent and shall only apply to premiums paid during a period equal to twice the number of months in the full 12-month periods described in that section and'.

(2) Section 1818(g)(2)(B) of such Act (42 U.S.C. 1395i-2(g)(2)(B)) is amended by striking `by substituting' and all that follows and inserting the following: `by substituting `section 1818 (without any increase resulting from the application of section 1839(b) to such section)' for `section 1839 (without any increase under subsection (b) thereof)'.'.

(c) EFFECTIVE DATE- (1) The amendments made by this section shall apply to premiums paid for months beginning after the end of the 90-day period beginning on the date of the enactment of this Act.

(2) In applying these amendments, months (before, during, or after the month in which this Act is enacted) in which an individual was or is required to pay an increased premium shall be taken into account in determining the month in which the premium will no longer be subject to an increase.

END